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Ex. DUT-WV-021 Standing duty Primary source read

Executive Order 9-20 (Stay at Home Order), §§ 2, 3 and 7 (cross-reference to Ex. WV-009; not re-saved)

Operating conditions on the businesses permitted to operate: small offices 'must ensure that proper social distancing and hygiene practices are maintained'; enforcement by law enforcement and licensing bodies

Governor Jim Justice · West Virginia (State)

The COVID Project

The record

Jurisdiction
West Virginia
Level
State
Authority
Exec. Order 9-20 §§ 2, 3, 7 (W. Va. Mar. 23, 2020) (Ex. WV-009)
Issued
2020-03-23 Mar. 23, 2020
Effective
2020-03-24 8:00 p.m. (read as 2020-03-24)
End
Amended May 4, 2020 (EO 32-20) and thereafter; formally terminated 12:01 a.m. Apr. 20, 2021 (EO 12-21 para. 1) (read as 2020-05-04)
In force
Mar. 24, 2020 to May 4, 2020
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Stay-at-homeBusiness closureTelework mandateGathering capWorkplace rulesOperating condition
Addressees
  • all businesses and operations in West Virginia; small businesses of five or fewer office employees; Essential Businesses and Operations
Character
order operating condition
Collection
Standing duties: West Virginia DUT-WV

Operative words

small businesses that do not invite in the general public and which have five or less employees in the office may continue to operate, but must ensure that proper social distancing and hygiene practices are maintained.... 7.... enforced by State and local law enforcement and by state and local regulatory and/or licensing bodies to the extent possible under West Virginia law

Penalty

Enforcement by law enforcement and by regulatory and licensing bodies (para. 7); warrantless arrest under W. Va. Code § 15-5-18 (Ex. DUT-WV-009)

What it required

Every business other than an Essential Business and Operation to 'cease all activities within the state except for such minimum basic operations' and remote-work facilitation; the small offices allowed to continue to do so only on the condition that they 'must ensure that proper social distancing and hygiene practices are maintained'; enforcement 'by State and local law enforcement and by state and local regulatory and/or licensing bodies.' The verb is 'must.'

Retrieval note

Every later reopening clause (EO 32-20, 36-20, 37-20, 39-20, 40-20, 41-20, 42-20) repeats the same condition in the same words: 'may resume operations, but must ensure that proper social distancing and hygiene practices are maintained' (Exs. WV-026, WV-030, WV-031, WV-033 to WV-036).